Repeal of Civil Aviation Regulations, 76630-76631 [2015-31200]

Download as PDF 76630 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations other shipping documents show the United States as the final destination; or (3) If shipment is through an intermediate country and the invoices and other documents do not show the United States as the final destination, the articles in the shipment are imported directly only if they: (i) Remained under the control of the customs authority in the intermediate country; (ii) Did not enter into the commerce of the intermediate country except for the purpose of a sale other than at retail; and (iii) Have not been subjected to operations other than loading and unloading, and other activities necessary to preserve the articles in good condition. (c) Documentary evidence. An importer making a claim for duty-free treatment under § 10.847 of this subpart may be required to demonstrate, to CBP’s satisfaction, that the articles were ‘‘imported directly’’ as that term is defined in paragraphs (a) and (b) of this section. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. [CBP Dec. 08–24, 73 FR 56728, Sept. 30, 2008] [FR Doc. 2015–31129 Filed 12–9–15; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF STATE 22 CFR Part 102 [Public Notice: 9365] RIN 1400–AD55 Repeal of Civil Aviation Regulations Department of State. Final rule. AGENCY: ACTION: In accordance with Executive Order 13563 of January 18, 2011, which addresses agency review of existing regulations, including those that may be outmoded or ineffective, the Department of State is repealing our regulations on civil aviation. These regulations, which relate to civil aircraft accidents abroad and were promulgated in 1957, are outdated and duplicative of other authorities, including subsequent statutes, regulations, and Department of State guidance, that specify detailed, modern, comprehensive, and effective procedures for dealing with civil aircraft disasters abroad. Lhorne on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:16 Dec 09, 2015 Jkt 238001 This rule is effective December 10, 2015. FOR FURTHER INFORMATION CONTACT: Daniel Klimow, Attorney Adviser, Office of Legal Affairs, Overseas Citizen Services, U.S. Department of State, 2201 C Street NW., SA–17, Washington, DC 20520, (202) 485–6224, klimowda1@ state.gov. SUPPLEMENTARY INFORMATION: This rule removes 22 CFR part 102, which relates to consular responsibilities regarding an aircraft accident abroad involving U.S. citizens and property. In particular, subpart A of part 102 addresses reporting, rendering assistance, safeguarding wreckage, salvage of diplomatic pouches, protective services for survivors, disposition of remains, preservation of property, limitations on expenditure of funds, and protection of U.S. interests in the case of civil aviation disasters. Subpart B addresses the Department of State’s responsibility to report to the President on public comments related to decisions of the now-dissolved Civil Aeronautics Board. The Department of State is repealing part 102 because it is outdated and duplicative of other federal laws, regulations, and guidelines that provide modern, comprehensive, and detailed instructions and information for consular officers dealing with civil aviation disasters abroad involving U.S. citizens, as outlined below. The Aviation Security Improvement Act of 1990 (AVA), 22 U.S.C. 5501 et seq., was enacted to improve the response of the Department of State and missions abroad to aircraft disasters abroad in which U.S. citizens are killed. The AVA mandates a series of detailed responsibilities pertaining to the treatment of victims and their families following an aviation disaster abroad. For example: • 22 U.S.C. 5501(b)(1)(C) directs the Departments of State and Transportation to negotiate agreements to achieve improved availability of passenger manifest information; • 22 U.S.C. 5503 addresses notification of families of victims and sets a policy of the Department of State, pursuant to 22 U.S.C. 2715, to directly and promptly notify the families of victims of aviation disasters abroad concerning U.S. citizens directly affected by such a disaster, including timely written notice, notwithstanding notification by any other person; • 22 U.S.C. 5504 provides that, if possible, in the event of an aviation disaster directly involving U.S. citizens abroad, the Department of State will assign a specific individual and an alternate as the Department of State DATES: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 liaisons for the family of each such U.S. citizen affected, and establish a toll-free communications system to facilitate inquiries concerning the effect of any disaster abroad on U.S. citizens residing or traveling abroad; • 22 U.S.C. 5505 addresses disaster management training for Department of State personnel; • 22 U.S.C. 5506 addresses Department of State responsibilities and procedures at international disaster sites and provides, among other items, that not less than one senior officer from the Bureau of Consular Affairs of the Department of State shall be dispatched to the site of an international disaster involving significant numbers of U.S. citizens abroad. It also requires the Department of State to promulgate procedures for deployment of crisis response teams to provide on-site assistance to families who may visit the site and to act as an ombudsman in matters involving the foreign local government authorities and social service agencies. Crisis teams may include public affairs, forensic, and bereavement experts, and are to be sent to the site of any international disaster involving U.S. citizens abroad to augment in-country embassy and consulate staff; and • 22 U.S.C. 5507 addresses recovery and disposition of remains and personal effects, and identifies a Department of State policy to liaise with foreign governments and persons and U.S. air carriers concerning arrangements for the preparation and transport of the remains of U.S. citizens who die abroad, as well as the disposition of their personal effects. In addition, the Department of State updated and republished the regulations at 22 CFR part 72, entitled Deaths and Estates, in 2007, which provide detailed guidance for consular officials regarding their consular authorities and responsibilities in cases of deaths of U.S. nationals abroad. The regulations apply to deaths that occur in the course of an aircraft disaster, and further address consular reports of death abroad, circumstances and responsibilities for serving as provisional conservator of a deceased U.S. citizen’s estate, disposition of remains, taking physical possession of specified personal effects, release of the deceased’s personal estate to the estate’s legal representative, and disposition of real estate, among other issues. 22 CFR 72.21 and 72.7 impose restrictions on the expenditure of funds and the incurring of financial obligations in connection with deaths and estates of U.S. citizens abroad. 22 CFR 71.6 provides that Foreign Service Officers E:\FR\FM\10DER1.SGM 10DER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations shall not expend the funds nor pledge the credit of the U.S. government to aid distressed U.S. citizens except as authorized by the Department of State. Deaths in private aviation disasters involving U.S. citizens and their property abroad as well as deaths in aircraft carriers are subject to 22 CFR part 72 titled ‘‘Reporting Deaths of United States Nationals.’’ Further, the Department of State has adopted detailed, comprehensive guidance in volume seven of the Foreign Affairs Manual (FAM), chapter 1800, on coordinating and managing the federal response to aviation disasters involving U.S. citizens abroad. Specific instructions, operational frameworks, and resources to guide consular officers’ responses to aircraft disasters abroad involving U.S. citizens are detailed in 7 FAM 1800 on Consular Crisis Management; 7 FAM 1830 on Aviation and Other Transportation Disasters; 7 FAM 1880 entitled At the Focal Point of a Disaster; and attached appendices, in particular Appendix 7 FAM Exhibit 1830(A), Checklist of Post’s Responsibilities in an Aviation Crisis. Additionally 12 FAM, in particular 12 FAM 100 and 500, provide detailed guidance for U.S. government personnel on safeguarding diplomatic pouch shipments generally, including shipments transported by aircraft. There are other pertinent legal authorities, including the Foreign Air Carrier Family Support Act of 1997, Public Law 105–148, which require foreign air carriers to provide the National Transportation Safety Board (NTSB) with a plan addressing the needs of the families of passengers on foreign air carriers involved in aviation disasters; the 1944 Convention on International Civil Aviation (the Chicago Convention), to which the United States is a party and which addresses, among other items, aircraft disaster investigations; and 14 CFR part 243 on passenger manifests. Subpart B of part 102 established procedures for the receipt by the Department of State of comments from private parties on possible recommendations by the Department of State to the President on decisions of the Civil Aeronautics Board submitted for the President’s approval under section 801 of the Federal Aviation Act of 1958, which relates to overseas and international air transportation. This responsibility is now with the Department of Transportation. See 49 U.S.C. 41307. These authorities render 22 CFR part 102 obsolete. It is therefore removed. VerDate Sep<11>2014 12:16 Dec 09, 2015 Jkt 238001 76631 litigation, establish clear legal standards, and reduce burden. Regulatory Analysis Administrative Procedure Act This action is being taken as a final rule, with an immediate effective date, pursuant to the ‘‘good cause’’ provision of 5 U.S.C. 553(b). It is the position of the Department of State that notice and comment are not necessary in light of the fact that 22 CFR part 102, repealed by this rulemaking, is obsolete and duplicative of other authorities. Consultations With Tribal Governments The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on tribal governments, and will not preempt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Regulatory Flexibility Act Paperwork Reduction Act It is hereby certified that the repeal of these regulations will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 605(b). This rule does not impose or revise any information collection requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. Unfunded Mandates Reform Act List of Subjects in 22 CFR Part 102 Aircraft, Foreign Service. Accordingly, under the authority of 22 U.S.C. 2651a, the Department of State amends 22 CFR chapter I, subchapter K, by removing part 102. Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by state, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. Dated: December 1, 2015. David T. Donahue, Principal Deputy Assistant Secretary, Bureau of Consular Affairs. Executive Orders 12866 and 13563 DEPARTMENT OF DEFENSE The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this regulation justify any costs. The Department of State does not consider this rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order. The Department of State has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. Office of the Secretary Federalism This regulation will not have substantial direct effects on the states, on the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders 12372 and 13132. Civil Justice Reform The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 [FR Doc. 2015–31200 Filed 12–9–15; 8:45 am] BILLING CODE 4710–06–P 32 CFR Part 251 [Docket ID: DOD–2014–OS–0058] RIN 0790–AJ28 National Language Service Corps (NLSC) Under Secretary of Defense for Personnel and Readiness, DoD. ACTION: Final rule. AGENCY: This rule establishes the National Language Services Corps (NLSC) in the Code of Federal Regulations by describing the program and its responsibilities pursuant to the National Defense Authorization Act for Fiscal Year 2013, Section 954. This Section authorized the Secretary of Defense to establish the NLSC to respond to federal agencies’ needs for language skills in emergencies or surge requirements. Once a federal agency identifies a need, NLSC members are advised of the potential assignment. If an individual is interested and available, he or she will go through a screening and selection process as discussed in the rule. The decision to use NLSC rests with the requesting SUMMARY: E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Rules and Regulations]
[Pages 76630-76631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31200]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 102

[Public Notice: 9365]
RIN 1400-AD55


Repeal of Civil Aviation Regulations

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with Executive Order 13563 of January 18, 2011, 
which addresses agency review of existing regulations, including those 
that may be outmoded or ineffective, the Department of State is 
repealing our regulations on civil aviation. These regulations, which 
relate to civil aircraft accidents abroad and were promulgated in 1957, 
are outdated and duplicative of other authorities, including subsequent 
statutes, regulations, and Department of State guidance, that specify 
detailed, modern, comprehensive, and effective procedures for dealing 
with civil aircraft disasters abroad.

DATES: This rule is effective December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Daniel Klimow, Attorney Adviser, 
Office of Legal Affairs, Overseas Citizen Services, U.S. Department of 
State, 2201 C Street NW., SA-17, Washington, DC 20520, (202) 485-6224, 
klimowda1@state.gov.

SUPPLEMENTARY INFORMATION: This rule removes 22 CFR part 102, which 
relates to consular responsibilities regarding an aircraft accident 
abroad involving U.S. citizens and property. In particular, subpart A 
of part 102 addresses reporting, rendering assistance, safeguarding 
wreckage, salvage of diplomatic pouches, protective services for 
survivors, disposition of remains, preservation of property, 
limitations on expenditure of funds, and protection of U.S. interests 
in the case of civil aviation disasters. Subpart B addresses the 
Department of State's responsibility to report to the President on 
public comments related to decisions of the now-dissolved Civil 
Aeronautics Board. The Department of State is repealing part 102 
because it is outdated and duplicative of other federal laws, 
regulations, and guidelines that provide modern, comprehensive, and 
detailed instructions and information for consular officers dealing 
with civil aviation disasters abroad involving U.S. citizens, as 
outlined below.
    The Aviation Security Improvement Act of 1990 (AVA), 22 U.S.C. 5501 
et seq., was enacted to improve the response of the Department of State 
and missions abroad to aircraft disasters abroad in which U.S. citizens 
are killed. The AVA mandates a series of detailed responsibilities 
pertaining to the treatment of victims and their families following an 
aviation disaster abroad. For example:
     22 U.S.C. 5501(b)(1)(C) directs the Departments of State 
and Transportation to negotiate agreements to achieve improved 
availability of passenger manifest information;
     22 U.S.C. 5503 addresses notification of families of 
victims and sets a policy of the Department of State, pursuant to 22 
U.S.C. 2715, to directly and promptly notify the families of victims of 
aviation disasters abroad concerning U.S. citizens directly affected by 
such a disaster, including timely written notice, notwithstanding 
notification by any other person;
     22 U.S.C. 5504 provides that, if possible, in the event of 
an aviation disaster directly involving U.S. citizens abroad, the 
Department of State will assign a specific individual and an alternate 
as the Department of State liaisons for the family of each such U.S. 
citizen affected, and establish a toll-free communications system to 
facilitate inquiries concerning the effect of any disaster abroad on 
U.S. citizens residing or traveling abroad;
     22 U.S.C. 5505 addresses disaster management training for 
Department of State personnel;
     22 U.S.C. 5506 addresses Department of State 
responsibilities and procedures at international disaster sites and 
provides, among other items, that not less than one senior officer from 
the Bureau of Consular Affairs of the Department of State shall be 
dispatched to the site of an international disaster involving 
significant numbers of U.S. citizens abroad. It also requires the 
Department of State to promulgate procedures for deployment of crisis 
response teams to provide on-site assistance to families who may visit 
the site and to act as an ombudsman in matters involving the foreign 
local government authorities and social service agencies. Crisis teams 
may include public affairs, forensic, and bereavement experts, and are 
to be sent to the site of any international disaster involving U.S. 
citizens abroad to augment in-country embassy and consulate staff; and
     22 U.S.C. 5507 addresses recovery and disposition of 
remains and personal effects, and identifies a Department of State 
policy to liaise with foreign governments and persons and U.S. air 
carriers concerning arrangements for the preparation and transport of 
the remains of U.S. citizens who die abroad, as well as the disposition 
of their personal effects.
    In addition, the Department of State updated and republished the 
regulations at 22 CFR part 72, entitled Deaths and Estates, in 2007, 
which provide detailed guidance for consular officials regarding their 
consular authorities and responsibilities in cases of deaths of U.S. 
nationals abroad. The regulations apply to deaths that occur in the 
course of an aircraft disaster, and further address consular reports of 
death abroad, circumstances and responsibilities for serving as 
provisional conservator of a deceased U.S. citizen's estate, 
disposition of remains, taking physical possession of specified 
personal effects, release of the deceased's personal estate to the 
estate's legal representative, and disposition of real estate, among 
other issues. 22 CFR 72.21 and 72.7 impose restrictions on the 
expenditure of funds and the incurring of financial obligations in 
connection with deaths and estates of U.S. citizens abroad. 22 CFR 71.6 
provides that Foreign Service Officers

[[Page 76631]]

shall not expend the funds nor pledge the credit of the U.S. government 
to aid distressed U.S. citizens except as authorized by the Department 
of State. Deaths in private aviation disasters involving U.S. citizens 
and their property abroad as well as deaths in aircraft carriers are 
subject to 22 CFR part 72 titled ``Reporting Deaths of United States 
Nationals.''
    Further, the Department of State has adopted detailed, 
comprehensive guidance in volume seven of the Foreign Affairs Manual 
(FAM), chapter 1800, on coordinating and managing the federal response 
to aviation disasters involving U.S. citizens abroad. Specific 
instructions, operational frameworks, and resources to guide consular 
officers' responses to aircraft disasters abroad involving U.S. 
citizens are detailed in 7 FAM 1800 on Consular Crisis Management; 7 
FAM 1830 on Aviation and Other Transportation Disasters; 7 FAM 1880 
entitled At the Focal Point of a Disaster; and attached appendices, in 
particular Appendix 7 FAM Exhibit 1830(A), Checklist of Post's 
Responsibilities in an Aviation Crisis. Additionally 12 FAM, in 
particular 12 FAM 100 and 500, provide detailed guidance for U.S. 
government personnel on safeguarding diplomatic pouch shipments 
generally, including shipments transported by aircraft.
    There are other pertinent legal authorities, including the Foreign 
Air Carrier Family Support Act of 1997, Public Law 105-148, which 
require foreign air carriers to provide the National Transportation 
Safety Board (NTSB) with a plan addressing the needs of the families of 
passengers on foreign air carriers involved in aviation disasters; the 
1944 Convention on International Civil Aviation (the Chicago 
Convention), to which the United States is a party and which addresses, 
among other items, aircraft disaster investigations; and 14 CFR part 
243 on passenger manifests.
    Subpart B of part 102 established procedures for the receipt by the 
Department of State of comments from private parties on possible 
recommendations by the Department of State to the President on 
decisions of the Civil Aeronautics Board submitted for the President's 
approval under section 801 of the Federal Aviation Act of 1958, which 
relates to overseas and international air transportation. This 
responsibility is now with the Department of Transportation. See 49 
U.S.C. 41307.
    These authorities render 22 CFR part 102 obsolete. It is therefore 
removed.

Regulatory Analysis

Administrative Procedure Act

    This action is being taken as a final rule, with an immediate 
effective date, pursuant to the ``good cause'' provision of 5 U.S.C. 
553(b). It is the position of the Department of State that notice and 
comment are not necessary in light of the fact that 22 CFR part 102, 
repealed by this rulemaking, is obsolete and duplicative of other 
authorities.

Regulatory Flexibility Act

    It is hereby certified that the repeal of these regulations will 
not have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 
605(b).

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, generally requires agencies to prepare a statement before 
proposing any rule that may result in an annual expenditure of $100 
million or more by state, local, or tribal governments, or by the 
private sector. This rule will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Executive Orders 12866 and 13563

    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of this 
regulation justify any costs. The Department of State does not consider 
this rule to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order. The Department of State has 
considered this rule in light of Executive Order 13563, dated January 
18, 2011, and affirms that this regulation is consistent with the 
guidance therein.

Federalism

    This regulation will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Nor will the rule have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Consultations With Tribal Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Paperwork Reduction Act

    This rule does not impose or revise any information collection 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 102

    Aircraft, Foreign Service.

    Accordingly, under the authority of 22 U.S.C. 2651a, the Department 
of State amends 22 CFR chapter I, subchapter K, by removing part 102.

    Dated: December 1, 2015.
 David T. Donahue,
Principal Deputy Assistant Secretary, Bureau of Consular Affairs.
[FR Doc. 2015-31200 Filed 12-9-15; 8:45 am]
BILLING CODE 4710-06-P